Calling the tower.

[Jim Bow]

Why, if I'm flying between 35 and 50 feet, looking at my roof and gutters, do I have to call the small airfield 4.5 miles away?
How does that improve safety?

 

[mano]

Good question. Even if say, your Spark lost signal and did a fly away and flew 600' straight up and caused a small aircraft to crash, I can't see how calling ahead would help....Other than they would know who to come looking for...and maybe that's what they want to know.

 

[beachcombing]

Technically, yes, you are supposed to call the tower when you are within 5 miles. Are you likely to "get in trouble" for not doing so in the scenario posted? Probably not.

 

[FLYBOYJ]

Why, if I'm flying between 35 and 50 feet, looking at my roof and gutters, do I have to call the small airfield 4.5 miles away?
How does that improve safety?

As silly as it sounds, its the law.

 

[H Jordan High]

As silly as it sounds, its the law.

Isn’t it technically only regulation?

 

[Andre Levite]

The FAA does not have the authority to create or enforce a law.

 

[mano]

The FAA does not have the authority to create or enforce a law.

Press Release – FAA Statement–Federal vs. Local Drone Authority

"Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace, and air traffic control, among other things. State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace. "

 

[Andre Levite]

Press Release – FAA Statement–Federal vs. Local Drone Authority

"Congress has provided the FAA with exclusive authority to regulate aviation safety, the efficiency of the navigable airspace, and air traffic control, among other things. State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace. "

FAA just make rules and regulations. But only the legislatures can make laws and statutes. These are distinctly different things.

 

[beachcombing]

FAA just make rules and regulations. But only the legislatures can make laws and statutes. These are distinctly different things.

Yes, and CONGRESS enacted the LAW. Public Law 112-95 Section 336

https://www.gpo.gov/fdsys/pkg/PLAW-112publ95/html/PLAW-112publ95.htm

 

[Andre Levite]

I understand how it works. I'm a lawyer and I've held public office. Rules and laws are still different things.

 

[FLYBOYJ]

Isn’t it technically only regulation?

CFR Title 14 FAR 101.41

Regulation and law!

"The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States."

14 CFR Chapter I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

Now is the FAA going to come out to your house an arrest you? No. Can they file a lawsuit (violation hearing) and bring you into federal court? YES.

Legal Enforcement Actions

The FAA does not have the authority to create or enforce a law.

I understand how it works. I'm a lawyer and I've held public office. Rules and laws are still different things.

Andre - blatantly violate a FAR to challenge the FAA's authority and let us know what happens

 

[mano]

And the LAST place anyone wants to wind up is in Federal Court. First off, you are going to pay a lot of money to get a decent Federal attorney...Because Federal court is an entirely different ball game.

Anyone who has ever had any dealings with ANY federal agency in the US will tell you how it goes. They will win, about 99.9% of the time, because all the laws and regulations are in their favor, and are generally much stricter than state and local rules, regulations and laws.

Believe me, I'm not sticking up for them and some of their rules are ridiculous...but honestly, a LOT of drone fliers are ridiculously dangerous too, unfortunately. YouTube is full of them!!

 

[FLYBOYJ]

How the FAA creates "rules" and how they are tied into Tile 14 CFR

Rulemaking

 

[TioRi]

What if a plane has to make an emergency landing and its flight path is over your house. You don't own the air space above your house. But if you want to Fly a Drone or something that could cause damage.